Hawaii Telemarketing Fraud Laws

Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016

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Many scams, including telemarketing fraud, take place over the phone. Telemarketing fraud generally occurs when an offender calls a victim and intentionally makes a misrepresentation in order to defraud the victim in some way. Often times the caller tries to obtain the victim's credit card number or banking information by telling the victim that they have won a prize or that they are eligible to participate in a get rich quick scheme.

Telemarketing fraud is a criminal offense in Hawaii, and is criminalized as part of the state's effort to protect consumers from unscrupulous practices. The chart below briefly outlines Hawaii's telemarketing fraud law.

Code Section

Hawaii Revised Statute section 708-835.6: Telemarking Fraud

What's Prohibited?

With the intent to defraud or misrepresent, obtaining (or attempting to obtain) the transfer of possession, control, or ownership, of the property of another through communications that are conducted at least partially over the phone and that involve direct or implied claims that the person contacted:
  • Will or is about to receive something of value, or
  • May be able to recover any losses suffered by the person contacted in connection with a prize promotion

Definition of "Telemarketing"

 "Telemarketing" means a plan, program, or campaign (including a prize promotion or investment scheme) that:
  • Is conducted to include the purchase of goods or services or to solicit money or contributions by the use of one or more telephones, and
  • Involves more than one telephone call

Penalties

 Telemarketing fraud is a class B felony.

The National Do-Not-Call Registry

One of the best ways to protect yourself from telemarketing fraud is to register your cell and home phone numbers to the National Do-Not-Call Registry. Telemarketers aren't allowed to call the numbers listed on the registry, so if your number is registered and you receive a call from a telemarketer, then you'll know that the call was likely placed illegally and may have been made with a fraudulent intent.

Federal Laws that Govern Telemarketing

Additional Resources

State laws change frequently. For case specific information about Hawaii's telemarketing fraud laws contact a local consumer protection attorney or criminal defense lawyer.

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